Claim to breach of “have made” rights a federal question if enforcement is a question of patent infringement

03.06.11 Posted in Federal Circuit Opinions by

In ABB Inc. v. Cooper Indus. LLC, No. 2010-1227 (Fed. Cir. 2/17/2010), ABB took a license to a group of Cooper patents pertaining to a vegetable oil-based dialectric fluid called “Biotemp.”  The license purported to contain a “have made” provision prohibiting 3rd parties from manufacturing the claimed material.  ABB then outsourced manufacturing to Dow Chemical. Cooper […]


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